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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Emergencies in Public Law: The Legal Politics of Containment

ISBN13: 9781107123847
Published: March 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99
Paperback edition , ISBN13 9781107560833

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Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies.

Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory as well as to public lawyers and social scientists.

Constitutional and Administrative Law

Part I. Theories of Containment:
1. An introduction to the background theoretical problem: the paradox and its paradigmatic solutions
2. The legacy of the models in the legal politics of emergencies

Part II. Practices of Containment:
3. The legal politics of definitions: Article 15 derogations in the House of Lords
4. The legal politics of authorization: the Office of Legal Council (OLC) in the US executive and the Joint Committee on Human Rights (JCHR) in the UK Parliament
5. The legal politics of jurisdiction: regional intervention in a domestic disaster, Cyclone Nargis in 2008
6. The legal politics of time and temporality: ticking time in the Israeli Supreme Court

Part III. Consequences of Containment:
7. The legal politics of change and continuity in emergencies
8. Horizons of containment: a dialectic process story of emergencies and change